Reply to Does ISLAM allow divorce? If so, under what conditions?

Forum Index » Religion

Reply to "Does ISLAM allow divorce? If so, under what conditions?"

Subject:

Emoticons





More smilies

Text Color: Font: Close Marks

[quote=Muslima][quote=Anonymous][quote=Muslima][quote=Anonymous][quote=Muslima][quote=Anonymous][quote=Muslima][quote=Anonymous].[/quote]

Op, yes divorce is allowed in Islam. Both muslim men and women have been getting divorces since the 7th century.  The only time a divorce cant be granted is when the woman is menstruating or if she is pregnant. Also , there is a 3 months waiting period called the Iddah , I guess this would be similar to separation period, before the divorce becomes final.  [b]During the iddah, the couple can reconcile [/b]which will nullify the divorce but after the iddah, they have to remarry If they want to get back together. [/quote]
No, not "the couple can reconcile".  The man decides whether he takes the wife back or not during these three months.  The wife's opinion is not a factor. [/quote]

That's completely false.  Wives are not animals. The wife has an opinion and a say in this,  there is no Forced Marriage in Islam[/quote]
It's in the article that you yourself posted. 
"In case divorce happens through the husband, he can take his wife back within three months."

If the wife does not wish to reconcile during a three-month separation period after the husband-initiated divorce, she will need to start her own divorce proceedings.  In a husband-initiated divorce, it's the husband decision alone that decides whether the wife is divorced or kept. [/quote]

He can take his wife back doesn't mean against her will. [b] Where did it say that?  [/b]And it cites the husband as taking the wife,  because the opposite is not possible.  A woman can't marry herself in Islam. You can't take your wife back against her will,  forced marriages are invalid[/quote]

Right here.  You can bring your own ruling if you wish.

http://islamqa.info/en/75027

[b]The wife’s consent is not a condition of taking her back after divorce[/b]

[b]The husband has the right to take his wife back and it is not essential that she agree to that, [/b]so long as he is taking her back within the ‘iddah of a first or second talaaq, because Allaah says (interpretation of the meaning):

“And divorced women shall wait (as regards their marriage) for three menstrual periods, and it is not lawful for them to conceal what Allaah has created in their wombs, if they believe in Allaah and the Last Day. And their husbands have the better right to take them back in that period, if they wish for reconciliation. And they (women) have rights (over their husbands as regards living expenses) similar (to those of their husbands) over them (as regards obedience and respect) to what is reasonable, but men have a degree (of responsibility) over them. And Allaah is All-Mighty, All-Wise”

[al-Baqarah 2:228]

This verse points to the conditions of taking back the wife, which are:

1-    That it applies to talaaq (divorce). If it is the matter of annulment of the marriage, the husband cannot take her back, because Allaah says “And divorced women”.

2-    That it should be a revocable divorce, which can only be a first or second talaaq. The phrase “The divorce is twice” [al-Baqarah 2:229] refers to the divorce where it is possible to take back the wife. If the third talaaq takes place, then he cannot take her back unless she marries another husband in a genuine marriage, then he separates from her in a proper manner after consummating the marriage.

3-    It should be within the ‘iddah period, because Allaah says “And their husbands have the better right to take them back in that period” i.e., during the ‘iddah. If the ‘iddah comes to an end and he wants to take her back, that is only possible with a new marriage contract and mahr.

4-    By taking her back, he should not intend to harm her, rather he should intend to reconcile and set things straight, because Allaah says “if they wish for reconciliation”. If he intended to harm her, she has to prove that to the shar’i judge so that he may rule as he sees fit.

[b]The verse clearly indicates that the wife has no choice in the matter if the husband wants to take her back, and she has no right to refuse to go back to him, because Allaah says “And their husbands have the better right to take them back”. Even if she does not go back to his house, if he says he takes her back and brings witnesses to that, then he has in fact taken her back. [/b]
[/quote]

This is why it is dangerous to learn Islam by using Sheikh Google or reading Islam for dummies. I'm not going to play this game with you.  I can bring you a hundred of other sites that will say the opposite of what you just quotes. Here is just one: 
[quote] The waiting period (idda) for the woman will be similar to that of a woman who was given an irrevocable divorce (ba’in) which is three menstrual cycles. The husband can not take her back within or after the waiting period without her consent (by contracting a new agreement of marriage).

Finally, it should also be remembered that a Khul’ agreement can only be carried out with the consent of the husband. The wife does not have the jurisdiction to enforce Khul’ without the consent of her husband. This is an agreed upon ruling in all of the four Sunni schools of Islamic law.

The great Hanafi jurist, Imam al-Sarakhsi says:

“An agreement of Khul’ is permissible with or without the presence of a judge, as it is a contract that is based on mutual agreement.” (al-Mabsut, 6/173)

The same has also been mentioned in Radd al-Muhtar, al-Fatawa al-Hindiyya and other major works.[/quote]

Source: http://www.questionsonislam.com/question/unable-accept-khula-wife

Do you know who writes the answers on islam q/a?  I  have read throughout the years many things on that site that make no sense whatsoever.  This is why whenever Muslims have a disagreement on a ruling, we have to go back to the source which is the Quran. Why do you think scholars have been debating Fiqh for the past centuries? Because Islamic jurisprudence is complex on matters that are not clear in the Quran, scholars debate these things for years and more often than not do not agree. So we follow the Quran first,  and if there is a disagreement amongst scholars on a particular issue, the ruling is you are free to follow whatever scholar you choose, meaning of course someone reputable that you trust , not sheikh google.

[/quote]

Options

	Disable HTML in this message
	Disable BB Code in this message
	Disable smilies in this message

Review message

Search Recent Topics Hottest Topics